Legal Question in Medical Malpractice in California
The Supreme Court decision Ferguson v. City of Charleston says that it is unlawful for a hospital to drug test pregnant women without their knowledge or consent. Do you think this is grounds to challenge a doctor forcing a patient to take a drug test for pain management? In my case, my doctor has threatened to stop treating me if I do not submit to his drug testing. This is the second time I have been questioned about cannabis use, and I fear it is affecting my treatment.
2 Answers from Attorneys
Without out necessary reserarch, on its face it appears distinguisable and within a doctor's right.
He isn't testing without your consent, so he isn't doing anything 'illegal'. Many medical providers require drug testing for various reasons, especially in the OB/GYN area, for the safety of the baby, and to protect them from unfounded malpractice claims later when the baby is born with drug induced genetic and physical damage. 'Pain Mgmt' could certainly be another area of legitimate concern, to avoid 'prescription shoppers'. If you don't like his rules, find another doctor who isn't so safety conscious.
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